The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-23
THE SUPREME BENCH.
The Rudger ClaWson Writ Of
Habeas Corpus Refused.

A brief session of the Supreme Court
was held yesterday morning, when the
application for a writ of ha6eas corpus
in the case of Rudger Clawson was
argued. The applicant was repre-
sented by Col. Broadhead, Judge
Sutherland and Mr.. Moyle. The motion
was made 10 secure credit for Mr.. Claw
son under the new copper act for good
behavior, instead of under the old law,
which provides for more Communication
for prisoners confined in the Peniten-
tiary.
The statement of the case was pre-
scented IN clear and logical manner by
Judge Sutherland. in which he claimed
that the new Jaw should be applied to
Mr. Clawson's case, aud that under il
his term of three and a half wears
should be held to expire on the 18th of
last OF May, and the six months term
In addition thereto should have ended
last Tuesday, the 10Th.
The Judge argued that the courts de-
clsIons IN former cases that the law
could not affect prisoners then in GUS
| tody, related only to Territorial prison
ers, 1t could not be extended to United
States prisoners, but under the law of
Congress, of 1875. the Communication act
in force at the time the prisoners SEN
tence expired was the only one applic-
able. The act which existed at the time
the sentence was pronounced could not
be followed, for it had ceased to be
law, but the provision that should be
made to apply was that which was
operative at the time the prisoner was
an cd 70 1asY y -,
ton for good behavior.
District Attorney Peters opposed the
application in brief argument, hold
ing that the present copper act. having
gone into effect since the passing of SEN
tence, could not be made operative on
that sentence without interfering with
the judiciary.
Colonel Broadhead claimed that the
application of the new act did not impair
an existing legal judgment. The act of
Congress was made by its own provi-
sion to apply to "all prisoners who have
been or shall hereafter be convicted"
and said that they should have the
benefit of the local communicative laws.
The right of reduction of time for
good behavior was fixed by Congress,
not by the Territorial Legislature, and
it was undrr the action of the former
that the applicant made this claim.
That law had been in force before the
passage of the judgment The prisoner
could not claim discharge as a
United States prisoner under the old
Copper law, because it was not in force
at the time that he could present his
claim. The only Communication which
he could ask under the Congressional
act OF 1875, was that allowed by the
local statute at the time he was eligible
apply for it. and no other, because
no other was in force. The applicant
claimed his rights under existing
statutes. The proposition was plain
that Mr.. Clawson was entitled to his
discharge. The District Attorney had
read from two authorities in opposition
to their claim, but both those author
tiles had been reviewed and their bad
reasoning shown in a subsequent and
more careful decision rendered by the
Supreme Court of Ohio.
Judge Sutherland hsre suggested toy,
the Court the fact that she Ohio deci-
sion, changing those quoted by the dis
trlct attorney ~ support of his present
position, had been procured through
the efforts OF Mr.. Peters himself.
The Court took the matter under ad-
visement until T. NJ, to which time
recess was taken.
At 4 o'clock in the afternoon, the
Court refused to grant the application.
Ten days time was granted TO file a
petition for a rehearing in the case of
Enright rs. Kelly.
The Court then adjourned until Sat
urGay e7ening, November 9TH, at
o'clock.